More than 23 percent of people with mortgages owe more on their properties than they are worth, according to a report released Tuesday by research firm First American CoreLogic.

Another 2.3 million homeowners are within 5 percent of being underwater, bringing the total of those who are upside down or close to it to about 28 percent.

About 5.3 million U.S. households have mortgages that are at least 20 percent higher than their home’s value, the First American report says. Borrowers owing more than 120 percent of their home’s value are the most likely to default, First American calculates.

The majority of underwater mortgages are in the following states:

1. Nevada: 65 percent of home owners are underwater
2. Arizona: 48 percent
3. Florida: 45 percent
4. Michigan: 37 percent
5. California: 35 percent

The report also notes that most U.S. homeowners have home equity, and nearly 24 million owner-occupied homes don’t have any mortgage at all, according to the U.S. Census Bureau.

Real estate crooks and cons have even more reason to worry these days. According to the Department of Housing and Urban Development (HUD), a multi-agency crackdown is set to target scams and frauds, as well as bolster state and federal action and efforts to protect homeowners.

This comes on the tails of an online survey conducted by the FTC, which found 71 distinct companies running suspicious ads. And a Treasury’s committee finding nearly 180,000 fraudulent mortgage reports. ABCnews reports that “the FBI is currently investigating more than 2,100 mortgage fraud cases, up 400 percent from five years ago.”

Among the efforts to combat this issue, “the Treasury and Treasury’s Financial Crimes Enforcement Network (FinCEN) announced an advanced targeting effort already underway to combat fraudulent loan modification schemes and coordinate ongoing efforts across agencies to investigate fraud and assist with enforcement and prosecutions. In less than a week, FinCEN’s new targeting effort has produced leads that have helped various agencies to halt the illegal practices of those offering loan modification or foreclosure scams.” Institutions area also being alerted to risks related to emerging schemes.

There is one reason for the financial crisis – Foreclosures.

There is only one solution – Restructure mortgages to make them affordable.

Who would benefit – Everyone

The above sounds very basic but we are providing One Trillion dollars to bailout major financial institutions and insurers without addressing the underlying cause of the crisis which are the millions of homeowners at-risk of foreclosure. They want to say it is too complicated and throw out terms like CDO, Leverage swaps, and others to justify giving President Bush a blank check. While we have been there, the Congress is getting ready to repeat the disastrous past.

We are now committing hundreds of billions of tax payer dollars to bailout the very institutions who created the crisis. At a minimum lets use some of these funds to get the investors to do what is necessary in making these mortgages affordable. The previous bailouts of Bear Stearns, Fannie Mae, Freddie Mac and AIG have not opened up the credit markets. Despite the huge commitments of taxpayer funds they have accomplished little. In fact, Fannie and Freddie continue to refuse restructuring on affordable terms – having their owners the American people foreclosing on themselves.

It is about time that we stop rewarding the companies, their management and investors who use the Idiot excuse. They continue to say that despite making millions of dollars a year, they could not have predicted the current circumstances and could not have thought of more effective mortgage lending. Either their actions were a resulting of unbridled greed or tremendous stupidity. Either way, they should not be bailed out.

Congress must not be allowed to commit the largest amount to taxpayer funds in rewarding these scoundrels or idiots – choose your description. A trillion dollar bailout is unconscionable. We are rewarding the companies whose only motivation was greed. For our tax dollars to meet the intended purposes we will purchase the most problematic loan portfolios from the most irresponsible lenders. We will also pay the highest price since that is required to provide them with the capital needed to survive. This is truly the moral hazard bearing its ugly head.

The solution is right in front of us. Congress and the administration must immediately put a moratorium on foreclosures for homeowners who are owner occupants. Then through regulation, legislation and/or economic incentives have homeowner’s mortgages restructured to make them affordable for the remaining term of the loan. 

Contact your politician and make your views known. TELL THEM IT’S THE FORECLOSURES STUPID. NO BAILOUT OF THE PREDATORS. MAKE THE MORTGAGES AFFORDABLE

The Titus Woman Ministry is a 501 (c)3 faith-based nonprofit organization dedicated to serve the community through the holistic development of women in need.

One of our primary goals is to construct and operate a homeless shelter for women and their children in the Waller area, with the intent of equipping the women to enter (or re-enter) mainstream society and become self-sustaining and providers for their children. This proposed shelter will be constructed in Waller County, Texas and will house families from all the surrounding communities.

We have opened a resale shop, name Grace & Mercy, on March 1, 2008. Funds obtained from sales of merchandise at the Grace & Mercy resale shop will help fund this project, we are asking for the support of your church and the community to make the vision a reality. Come out and buy our resale merchandise.

Any donations to this worthy cause will be appreciated.

The shop is called Grace & Mercy for it was God’s grace that gave us the vision and His mercy will allow us to carry it through. Can we count on you?

The resale shop wiill carry furniture, clothing (for the family), household goods, and much, much more. It is located at 71 Scroggins Lane Waller, Texas (off FM 1488 In the Held Store Mini Warehouses). The grand opening was March 1, 2008.

For further information and/or donations, contact Rosemary Butler @ 936-931-1726; 281-682-4177 or Carol O’Brien @) 281-302-S333 or Fern Poyser at 936.931.3344. Pass the word and support this God given vision. We thank you in advance for what you will do.

President Bush just signed into law the Housing and Economic Recovery Act of 2008. This is a major victory for REALTORS®, consumers, and our nation.

Homebuyers will soon have access to more affordable financing, and first-time homebuyers (those who have not owned a home for three years) will receive a tax-credit to help them enter the market. For more details on all of the provisions in the new law, please read below.

National Association of REALTORS®
Summary of Key Provisions of H.R. 3221 – The Housing Stimulus Bill (as of 7/30/08)

H.R. 3221, the “Housing and Economic Recovery Act of 2008,” passed the House on July 23, 2008, by a vote of 272-152. On Saturday, July 26, 2008, the Senate passed the bill by a vote of 72-13. The President signed the bill on July 30, 2008. The bill includes the following provisions:

• GSE Reform – including a strong independent regulator, and permanent conforming loan limits up to the greater of $417,000 or 115% local area median home price, capped at $625,500. The effective date for reforms is immediate upon enactment, but the loan limits will not go into effect until the expiration of the Economic Stimulus limits (December 31, 2008).

• FHA Reform – including permanent FHA loan limits at the greater of $271,050 or 115% of local area median home price, capped at $625,500; streamlined processing for FHA condos; reforms to the HECM program, and reforms to the FHA manufactured housing program. The downpayment requirement on FHA loans will go up to 3.5% (from 3%). The effective date for reforms is immediate upon enactment, but the loan limits will not go into effect until the expiration of the Economic Stimulus limits (December 31, 2008).

• Homebuyer Tax Credit – a $7500 tax credit that would be would be available for any qualified purchase between April 8, 2008 and June 30, 2009. The credit is repayable over 15 years (making it, in effect, an interest free loan).

• FHA foreclosure rescue – development of a refinance program for homebuyers with problematic subprime loans. Lenders would write down qualified mortgages to 85% of the current appraised value and qualified borrowers would get a new FHA 30-year fixed mortgage at 90% of appraised value. Borrowers would have to share 50% of all future appreciation with FHA. The loan limit for this program is $550,440 nationwide. Program is effective on October 1, 2008.

• Seller-funded downpayment assistance programs – codifies existing FHA proposal to prohibit the use of downpayment assistance programs funded by those who have a financial interest in the sale; does not prohibit other assistance programs provided by nonprofits funded by other sources, churches, employers, or family members. This prohibition does not go into effect until October 1, 2008.

• VA loan limits – temporarily increases the VA home loan guarantee loan limits to the same level as the Economic Stimulus limits through December 31, 2008.

• Risk-based pricing – puts a moratorium on FHA using risk-based pricing for one year. This provision is effective from October 1, 2008 through September 30, 2009.

• GSE Stabilization – includes language proposed by the Treasury Department to authorize Treasury to make loans to and buy stock from the GSEs to make sure that Freddie Mac and Fannie Mae could not fail.

• Mortgage Revenue Bond Authority – authorizes $10 billion in mortgage revenue bonds for refinancing subprime mortgages.

• National Affordable Housing Trust Fund – Develops a Trust Fund funded by a percentage of profits from the GSEs. In its first years, the Trust Fund would cover costs of any defaulted loans in FHA foreclosure program. In out years, the Trust Fund would be used for the development of affordable housing.

• CDBG Funding – Provides $4 billion in neighborhood revitalization funds for communities to purchase foreclosed homes.

• LIHTC – Modernizes the Low Income Housing Tax Credit program to make it more efficient.

• Loan Originator Requirements – Strengthens the existing state-run nationwide mortgage originator licensing and registration system (and requires a parallel HUD system for states that fail to participate). Federal bank regulators will establish a parallel registration system for FDIC-insured banks. The purpose is to prevent fraud and require minimum licensing and education requirements. The bill exempts those who only perform real estate brokerage activities and are licensed or registered by a state, unless they are compensated by a lender, mortgage broker, or other loan originator.

The Titus Woman Ministry is preparing to take Waller County for Jesus!

We have secured retail space in the Fieldstore area of northern Waller county to open the Grace & Mercy resale shop.  This will enable us to be open more often in an effort to generate the funds necessary to work towards the shelter for women and children in Waller county.

We praise God for this small stride and look forward to many, many more fruitful days and bountiful blessings as we reach out to the community.

A recently enacted law (HB 1530, 80th Legislature, Regular Session) requires any person applying for or renewing a broker or salesperson license on or after January 1, 2008 to provide their fingerprints, in a specified format, in order to enable an FBI criminal history check to be performed. These new fingerprint requirements apply only to brokers and salespersons. They do not apply to other TREC licensees, such as home inspectors. Once fingerprints are on file with DPS for a TREC license, a licensee will not need to be fingerprinted for subsequent renewals.

This new fingerprinting requirement for Texas realtors is very welcome.  This is good news for the real estate community.  It will give homeowners and property owners a greater sense of security knowing that the people responsible for selling or showing their homes are not wanted for any crimes.  Also, should any criminal activity occur within or on a property owner’s property, the law enforcement agencies can quickly and easily identify the perpetrator(s) through this new fingerprinting requirement.

The Texas Real Estate Commission (TREC) conducts background checks on ALL licensees.  This new fingerprinting requirement will NOT affect current licensees’ licensing status UNLESS that person has committed a new crime and is convicted of a felony offense within the state of Texas. 

If a licensee has committed new crimes and has new felony convictions which were not reported to TREC since he or she last applied for a real estate license, the new convictions resulting from a background check may or may not hinder the issuance of a real estate license.  TREC will decide if the licensee’s license should be renewed after conducting their own independent investigation of the circumstances surrounding the new felony conviction.

Under no circumstances will TREC suspend or revoke a licensee’s license unless (1) they falsify or try to hide any new felony convictions (2) they willingly lie about having new felony convictions (3) they refuse to submit to fingerprinting and background checks and (4) they fail to pay their renewal fees or honor any delinquent debts owed to TREC.

One of the topics that people seem to have the most trouble understanding is why cash back at closing deals are often wrong or flat out illegal.

In real estate, cash back at closing occurs when a buyer intentionally pays more for a property than what the seller expects to receive with the understanding that the excess funds will be refunded to the buyer at closing. It is essentially a way to fool a lender into approving a mortgage loan for more money than the property is worth.

On the surface, cash back at closing seems, at their worst, to be victimless crimes. At their best, they seem to benefit everyone involved. The sellers get what they want for their homes. The buyers get cash back at closing. The real estate agent earns a bigger commission. The lender gets to collect more interest on a bigger loan. And the appraiser generates more business and perhaps even a “bonus” for supplying an inflated appraisal.

Unfortunately, the victimless crime claim is a myth. What actually happens is that the lender is duped into approving a loan that it may otherwise have rejected had it been presented with accurate information. Buyers are saddled with loans that have monthly payments they may not be able to afford. Housing values become inflated. Property taxes rise. The housing bubble eventually bursts. And everyone suffers.

Many people who read my articles on the evils of cash back at closing write to me describing scenarios in which they feel cash back at closing would be justified. The most recent scenario was the following:

1. The seller is facing foreclosure and is highly motivated to sell.
2. The buyer has good credit, a suitable down payment, and a desire to make a deal.
3. The home is listed and has been appraised at $480,000.
4. The seller is willing to discount the home by $80,000. (The seller loses some equity in the home but dodges the foreclosure bullet and saves part of his credit in the process.)
5. Instead of purchasing the home for $80,000 less, the buyer agrees to pay the full price of $480,000 with the agreement that the seller will pay back an “incentive” at closing of $80,000. This would give the buyer the necessary funds to fix up the property.
6. The buyer delivers a real cash down payment that is proven to be in his bank account prior to the purchase, as per the bank’s requirements.
7. The bank has approved the loan based on its own appraiser’s evaluation and receives a suitable down payment of 5 to 20 percent depending on the loan requirements.

The question is: How can this possibly be inappropriate, since the bank hasn’t really taken on any additional risk? This is a pretty good question, but the fact is that this still constitutes mortgage fraud.

Why? Well, the true market value of the home is the lesser of the appraised price or the actual price paid for the property. In this case, the true market value of the property is not $480,000. It is actually the price the seller is willing to accept — $400,000. Presenting to the bank that the actual sales price is $480,000 is misleading.

As real estate brokers, we are often told that “As long as the information is presented on the HUD statement, the transaction is legal.” What happens in almost all situations such as the scenario presented here, is that the professionals involved create two HUD statements — one for the closing and another that is sent to the bank or they camouflage the $80,000 junior lien or a recently created obligation of the seller. In other words, everything is not being fully disclosed.

This is obviously a deceptive practice designed to mislead the bank into approving a loan it would otherwise reject. If you have to create two HUD statements — one for the closing table and one for the lender or one that is camouflaged in some way to justify a transaction, then what you are doing is illegal. If the HUD was a person then it could be accused or indicted as a co-conspirator.

I know of only a handful of situations in which receiving cash back at closing is legal:

1. You refinance your mortgage to cash out some or all of the equity in your home.
2. Your agent agrees to refund a portion of his or her commission at closing.
3. The buyer makes a deposit into the escrow fund, obtains a 100 percent loan, and then receives a credit back. This isn’t considered cash back at closing, because it is the buyer’s own money.

Other than scenarios such as these, cash back at closing deals are unethical and illegal. There are good reasons behind the rules and regulations that govern real estate transactions. When we begin to bend those rules under the false assumption that nobody is getting hurt, we compromise the very integrity of the real estate industry and damage the industry on which we make a living.